TRANSCRIPT: New(2022) Guidance Regarding Work Authorization For E-2 Spouses

My name is Ben Frear and on this video, I share some great news for e2 spouses…

One great perk of the E-2 visa is that spouses can work in the United States.

But, in the past, when the spouse of an E-2 visa investor would enter the country, they would not automatically be able to work upon entry.

Instead, they would have to enter the country on the E-2 visa and then file a request for work authorization using form I-765. They could not premium process so they just had to deal with the standard wait times before they could work.

frustrating to wait for i-765 work authorization; work authorization for e-2 spouses

Understandably, this was super frustrating for a lot of clients. 

Fortunately, under the new guidance from USCIS, the process will be much smoother and faster.

The New Work Authorization Guidance for E-2 Spouses

The guidance states that USCIS will work with U.S. Customs and Border Protection (CBP) to update the I-94 system to indicate work authorization at the time of entry. For anyone who isn’t familiar, the I-94 is the document that lists your status and your authorized period of stay.

On January 31, 2022, CBP began rolling out the new I-94 system. Under the new system, I-94s now bear a spousal designation in the form of an “S” next to the E designation. 

If an E-2 spouse has the new “S” designation on his or her Form I-94, an I-765 filing and an EAD is no longer required for work authorization.

Hopefully this info was helpful. I was certainly excited when I learned about this. If you did enjoy this video please like it or pass it along to someone who could benefit from it.

Thanks for your time!

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Benjamin Frear, Esq.

Immigration Lawyer For Entrepreneurs and High Growth Companies

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